Background Check Policy: Impact & Expectations. Robert Bartley Background Check Coordinator

Transcription

1 Background Check Policy: Impact & Expectations Robert Bartley Background Check Coordinator

2 AGENDA Policy Overview Purpose Individuals Impacted Sensitive Positions When Background Checks are not Required Background Check Requirements Criminal Records Check Limited Exceptions Job Postings

3 PURPOSE The CSU system-wide Background Check Policy HR mandates background checks for a wide variety of employment situations, including many for which checks were not required previously The policy was developed to provide directives and guidance on background checks which are critical in preventing risk and providing protection to campus employees, students, volunteers, and guests The policy was put into effect August 3, 2015

4 INDIVIDUALS IMPACTED All new hires (and many rehires) Current employees in positions for which background checks are required by law Current employees under voluntary consideration for Sensitive Positions for which background checks are required (this includes additional appointments) Student workers in positions that require background checks Volunteers, consultants, and employees of auxiliaries, outside entities, and independent contractors in positions that require background checks Note: any employee who has successfully cleared a background check in the previous twelve (12) months is exempt from the background check requirement.

5 SENSITIVE POSITIONS What is a Sensitive Position? Sensitive Positions are designated by the CSU as requiring a heightened scrutiny of individuals holding the position, based on: potential for harm to children, concerns for the safety and security of the people, animals, or property or heightened risk of financial loss to the CSU or individuals in the university community Whether a CSU position should be considered sensitive is determined by the duties and responsibilities of the position and not the job title or classification

6 WHEN BACKGROUND CHECKS ARE NOT REQUIRED Current Employees Current employees of the CSU are exempt from the requirement for background checks, unless under voluntary consideration for a position in which a background check is required by law or for a position that has been designated as sensitive. Employees who are given the opportunity to be appointed to a sensitive position that requires a background check may decline the opportunity. Student Workers A student worker is exempt from the requirement for a background check, unless being considered for a position with duties that would require a background check if performed by a CSU employee, for a position that has been designated as sensitive, or for a position in which a background check is required by law. FERP Employees Participants who enter the Faculty Early Retirement Program are not subject to background check requirements for the duration of the FERP appointment, unless they are moved into a sensitive position that would otherwise require a background check. Employees Re-appointed to the Same Class & Campus within Twelve (12) Months Former employees who are re-appointed to the same CSU position at the same campus within twelve (12) months after the end of the previous appointment shall not be treated as a rehire as defined under Section III B ( Rehires ) and therefore will not be required to undergo a background check.

7 BACKGROUND CHECK REQUIREMENTS Employment verification Accurate Background All prior employment within the past 10 years Education verification Accurate Background Educational requirements as appropriate to the position Reference checks CSUS Hiring Department Contact current and former employers with a standardized inquiry to verify the applicant s work history and skills Criminal records check Live Scan (if required) or Accurate Background The CSU will not consider a conviction that occurred more than seven (7) years before the assessment Note: Background Check process MUST be initiated before a formal job offer can be made. Any job offer made prior to completion of a background check must be in writing with contingency language.

8 CRIMINAL RECORDS CHECK The Education Code requires the submission of fingerprints (Live Scan) to the Department of Justice for any employee or volunteer who will have direct contact with minor children at a camp/clinic operated by the CSU or on CSU property and a sex offender registry check Bargaining unit employees who have worked in the past or who are currently working with camps and/or clinics on the campus are subject to this requirement unless they have successfully completed a criminal records check and sexual offender registry check within the past twelve (12) months on the same campus Campuses may not subscribe to subsequent criminal records updates

9 LIMITED EXCEPTION Limited exceptions may be made by the President or designee when University operations will be adversely affected such as when it would not be possible to offer a class to students Offer must be in writing, contingent upon completion of satisfactory background check Offer can be rescinded if background check reveals disqualifying information And/or it was discovered that the candidate knowingly withheld or falsified information Such an exception will not be permitted where the position is one in which a background is required by law or is designated as a sensitive position

10 JOB POSTINGS All advertisements, notices, and postings for positions that require background check must also state: A background check (including a criminal records check) must be completed satisfactorily before any candidate can be offered a position with the CSU. Failure to satisfactorily complete the background check may affect the application status of applicants or continued employment of current CSU employees who apply for the position. Job postings shall state that the position has been designated to be sensitive and identify if the position will have access to sensitive data

11 CONTACTS Background Check Coordinator: Robert Bartley Decision Makers: Jackie Kern Unit 3 and Unit 11 Celeste DeSouza Staff and Management Personnel Plan (MPP) Veronica Hodge